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EB-2 NIWEnergy and climateIndividualDecided January 2024Dismissed

Outcome: Dismissed

JAN292024_02B5203

Merit and national importanceNot reached / not discussedWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

Researcher in waste conversion for energy storage seeking NIW under EB-2. Claimed eligibility under Dhanasar. AAO dismissed appeal, finding petitioner not well positioned to advance proposed endeavor due to lack of business plan, documented progress, or evidence of customer or investor support.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Well positioned · Petitioner lacked documented plan, business model, progress toward endeavor, and evidence of customer or investor interest

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedFirst prong not analyzed; decision focused on and decided second prong failure
Well positionedNot metPetitioner lacked documented plan, business model, progress toward endeavor, and evidence of customer or investor interest
Balance favors a waiverNot reached / not discussedSecond prong failed; decision reserved analysis of third prong

A published decision describes one case. It is not legal advice and not a prediction for yours.

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